Transport Act 1968

139 Land required as service area for special road: compensation in certain cases of compulsory acquisition

(1) Where land is compulsorily acquired—

(a) by virtue of section 215(2)(c) of the [1959 c. 25.] Highways Act 1959 or section 10(1)(c) of the [1949 c. 32.] Special Roads Act 1949 (which relate to land required for the provision of service stations or other buildings or facilities for use in connection with a special road) in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road ; or

(b) in pursuance of a notice under section 129, 135 or 136 of the [1962 c. 38.] Town and Country Planning Act 1962 or section 17 of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 (which relate to the protection of owners of land affected by certain planning decisions) in a case where the person by whom the compensation in respect of the acquisition falls to be assessed is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with a special road as are mentioned in the said section 215(2)(c) or 10(1)(c) and that the amount of the compensation would apart from this section be affected by the provision or proposed provision of the special road; or

(c) in pursuance of a notice under section 139 of the said Act of 1962 or section 38 of the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 (which relate to the protection of owner-occupiers of land affected by planning proposals) in a case where the appropriate enactment for the purposes of section 142 of the said Act of 1962 or, as the case may be, section 41 of the said Act of 1959 is or includes the said section 215(2)(c) or 10(1)(c),

then, for the purpose of assessing compensation in respect of the compulsory acquisition, the value of the relevant interest shall be ascertained—

(i) so far as it is attributable to any relevant planning per mission, on the assumption that traffic carried by the special road will not have direct or indirect access to the relevant land; and

(ii) so far as it is not attributable to any such planning permission, on the assumption that traffic carried by the special road will not have direct access to the relevant land.

(2) In this section—

• " direct access " means access otherwise than by means of a highway which is not a special road and " indirect access " means access by means of such a highway as aforesaid;

• " relevant planning permission " means any planning permission for service area development which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue of section 15 or 16 of the [1961 c. 33.] Land Compensation Act 1961 or section 23 or 24 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963, or the possibility of the grant of which is taken into account in assessing the compensation;

• " service area development " means development of the relevant land, or of any part thereof, for the purpose of providing such service stations or other buildings or facilities as are mentioned in the said section 215(2)(c) or the said section 10(1)(c) or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road ;

and any expression which is also used in the said Act of 1961 or 1963 has the same meaning, as respects England and Wales, as in the said Act of 1961 and, as respects Scotland, as in the said Act of 1963.

(3) This section shall not affect any compulsory acquisition in pursuance of a notice to treat served or deemed to have been served before the day on which this section comes into force.